Shilling v. Baker – July 28, 2009

Shilling contends the trial court erred in finding “burial” of human remains is necessary to be a cemetery under Virginia law.

From
The Circuit Court of Rockingham County; James V. Lane, Judge.

Counsel
Michael J. Melkersen, Esq. (Melkersen Law P.C.) for appellant.

Kevin M. Rose, Esq. (BotkinRose PLC) for appellees Brian C. Baker, Lisa S. Simons, and David R. Kelly; Thomas H. Miller, Jr., Esq. (Office of the County Attorney) for appellee Board of Zoning Appeals for Rockingham County.

Assignments of Error

1. The circuit court erred as a matter of law in concluding that “burial” of human remains is a required pre-requisite to establish a valid cemetery under Virginia law.

2. The circuit court erred as a matter of law in failing to hold that the defendants’ claims are barred under the doctrines of laches or estoppel.

3. [CROSS-ERROR] The trial court erred by not granting appellees’ demurrer and thereby not dismissing Shilling’s petition for appeal of the BZA determination, case no. Cl08-607, on the grounds that the BZA was not named as a party defendant as required under Va. Code § 15.2-2314.

Date Granted
7-27-2009